Probable Cause Determination Against Asphalt Green Inc., Again

On May 21, 2024, The Law Office of David H. Rosenberg, P.C. (“Firm”) filed a verified complaint of sex discrimination/retaliation with the New York State Division of Human Rights (“Division”) on behalf of its male client (“Complainant”) against Asphalt Green Inc. (“Asphalt Green”) and Joshua Evans (“Evans” and together as “Respondents”), case No. 10237680. 

In response to the verified complaint, Respondents vehemently denied all allegations of sex discrimination/retaliation and accused Complainant of engaging in a consensual relationship with Evans. Through their attorneys, Respondents told the Division of several eyewitness accounts of “[Complainant] and Mr. Evans engaging in consensual romantic conduct such as “holding hands” or “kissing” and text messages sent by [Complainant] to Mr. Evans in the Summer/Fall of 2022 which reflect that [Complainant] and Mr. Evans were involved in a consensual relationship.”

Respondents told the Division that Complainant was terminated, not in retaliation, but “after he missed an important scheduled Zoom call with a partner school of Asphalt Green in August 2023 following prior performance and attendance issues.” Respondents also argued to the Division that Mr. Evans was never Complainant’s supervisor, and no complaints of sexual harassment were reported.

But the Firm fought back and argued vigorously for the Complainant as the victim of sex discrimination and retaliation. In doing so, the Division seemed to agree with the Firm’s arguments in their probable cause determination, writing, “This investigation finds probable cause. The record contains evidence to support that [Complainant] was subjected to a sexually hostile work environment, as well as quid pro quo sexual harassment. The record does not reveal that Complainant engaged in fully welcomed and consensual sexual acts. Instead, Complainant replied to Respondent Evans’ sexual advances in the negative and was even threatened with loss of hours and pay.”

This is NOT the first time that the Firm has secured a probable cause determination against Asphalt Green. On July 11, 2020, the Firm filed a verified complaint of sex and race/color discrimination and retaliation against Asphalt Green with the Division, case No. 10207582, and that too resulted in a probable cause determination against Asphalt Green, issued on April 13, 2021. 

If you or someone you know is suffering at work, contact the Firm at (516) 741-0300.

The information and allegations cited to herein comes directly from publicly filed documentation and are meant as a means of attorney advertising.